Skip to main content
CityRuleLookup

Madison, WI Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
MGO § 28.151(k), Tourist Rooming House
Max occupancy
Lesser of 2× bedrooms or 12
Children under 12
Excluded from occupancy count
Underlying permit
TRH Permit, Sec. 9.29, MGO
Penalty
$1–$1,000 forfeiture, § 28.207(1)

Summary

Madison caps how many guests a licensed Tourist Rooming House can sleep: Sec. 28.151(k), MGO limits maximum tourist occupancy to the lesser of two times the number of legal bedrooms or twelve people, and children under 12 don't count toward that cap. The limit sits on top of the City's separate TRH permitting and licensing requirements.

(a)The Tourist Rooming House shall have a valid Tourist Rooming House Permit from the City of Madison Zoning Administrator, as required by Sec. 9.29, MGO....(k)Maximum tourist occupancy shall not exceed the lesser of two times the number of legal bedrooms in the dwelling unit or twelve (12). Children under the age of 12 shall not count toward the maximum tourist occupancy.

Source: WI ATCP 72 Tourist Rooming HousesView official code

Full Breakdown

Madison regulates short-term rentals as "Tourist Rooming Houses" under Sec. 151, MGO, and subsection (a) requires every TRH to hold a valid Tourist Rooming House Permit from the City of Madison Zoning Administrator, issued under Sec. 29, MGO, before it can operate at all. " The section carves out one exception to how that number is counted, children under the age of 12 do not count toward the maximum tourist occupancy, so a family with young children doesn't push a TRH over its cap the way an equivalent number of adult guests would.

The occupancy rule works alongside Madison's broader TRH enforcement tools: subsection (l) lets City staff inspect a TRH with 48 hours' written notice (or immediately if there's probable cause of a violation), and subsection (m) requires an on-site registry recording guest names, contact information, and stay dates for the current and prior registry year. A three-bedroom TRH, for example, is capped at six tourist occupants under the two-times-bedrooms formula, while a studio or one-bedroom unit is effectively capped lower under the same formula before hitting the 12-person ceiling.

Violations & Fines

Exceeding the occupancy formula in Sec. 28.151(k), MGO, more guests than the lesser of two times the legal bedroom count or twelve, violates Chapter 28. Sec. 28.207(1), MGO subjects any such violation to a forfeiture of not less than $1 and not more than $1,000 upon conviction, and City staff can document overcounts during an inspection conducted under subsection (l)'s 48-hour-notice provision.

Frequently Asked Questions

How many guests can stay at a Madison short-term rental?
Sec. 28.151(k), MGO caps a Tourist Rooming House at the lesser of two times the number of legal bedrooms in the unit or twelve people total. A three-bedroom TRH, for example, tops out at six guests under this formula.
Do young children count toward the occupancy limit?
No. Sec. 28.151(k), MGO expressly excludes children under the age of 12 from the maximum tourist occupancy count, so a family with young kids doesn't push a rental over its cap the same way additional adult guests would.
Is the occupancy cap separate from Madison's TRH permit requirement?
Yes. Sec. 28.151(a), MGO requires every Tourist Rooming House to hold a valid TRH Permit from the Zoning Administrator under Sec. 9.29, MGO, and the occupancy cap in subsection (k) is an additional, separate standard the operator must meet on top of that permit.

Sources & Official References

Other rules in Madison

All Madison rules

Compare Madison to another location·View the Wisconsin short-term rentals overview

Get notified when Occupancy Limits in Madison, WI changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Occupancy Limits in Nearby Cities

How other cities in Dane County handle occupancy limits.

Middleton, WI
Some Restrictions
Fitchburg, WI
Some Restrictions